Vijay Vaidya (Asst.Professor) 29 August 2012

Power of attorney on selling a huf property

Hello

My brothr and i have a HUF property. My brother came and gave POA to a person who is part of builder firm. This person on the bases of POA sells to a partner of the same firm where is one of them. Now i filed a suit a civil case where I do not deny the right of my brother but at the same time i oppose the way he got the whole property sold without any formal division. What can be the outcome in my case ? will court deny my rights.....specify pls...on drvnv@sify.com......................

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4 Replies

ABHIJEET PARIKH (Bcom LLB MBA) 29 August 2012

POA Property sale amounts to revenue leakage for state govt and after SC judgement on sale of property through POA has made such transactions illegal therefore such a sale by the builder to other will be considered illegal and unenforceable

Adv Archana Deshmukh (Practicing Advocate) 29 August 2012

If the sale is already effected and the sale deed is already registered by the POA holder then, challange the sale-deed on the basis of your share. The court will grant you your rightful share in the property.

Vijay Vaidya (Asst.Professor) 31 August 2012

Thanks for your reply. Could you give us brief detail such as SC ruling reference. And from which time period/date this ruling is effective? Deeply appreciate your reply